Neck / cervical spine decisions — 2020

The Veteran's claims for service connection for various shoulder disorders, radiculopathy of the left leg, and arthritis of the cervical spine have been denied as there is no evidence of any in-service injury or disease that could be linked to these conditions.

The Veteran's claims of service connection for acquired psychiatric disorder, cervical spine disorder, and pes planus have been granted. The effective date is the date of receipt of his original claim for tinnitus (June 18, 2012).

The Board denied the Veteran's claims for service connection for a bilateral knee disability, sleep apnea, vision disability, and neck disability. The appeal was also remanded for further examination of the neck disability.

The Board has granted service connection for a left shoulder disability, finding that the Veteran's current condition is at least in equipoise with his service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities. Service connection for a cervical spine disability was denied due to lack of credible evidence supporting the Veteran's claim that he sustained a fall resulting in a cervical spine injury during active duty.

The Board has dismissed the appeals for service connection for traumatic brain injury residuals and migraine headaches. The remaining issues of service connection for lumbosacral spine disability, cervical spine disability, left knee disability, right knee disability, hypertension, and erectile dysfunction are remanded.

The Veteran's bilateral hearing loss and tinnitus are granted as they are likely related to acoustic trauma during service.,The Veteran's left shoulder, cervical spine, lumbar spine, and PTSD disorders are remanded for further examination.

The Veteran's tinnitus is found to have started during service and has continued since then.,Service connection for bacterial sinusitis with rhinitis is granted, as the evidence is at least in equipoise that it began during service.,Right knee osteoarthritis is granted on reopening of a previously denied claim.,Migraine headaches are granted on reopening of a previously denied claim.,Bilateral pes planus with bilateral plantar fasciitis is granted on reopening of a previously denied claim.,Service connection for right ear hearing loss is established as the evidence supports its onset during service.,Cervical strain with degenerative joint disease is found to be related to service.,Lumbosacral strain with thoracolumbar spine osteoarthritis is found to be related to service.

The Board has remanded the Veteran's claims for service connection for cervical degenerative arthritis, left hip degenerative arthritis, and increased rating evaluation for arthritis of toes, right foot disability. The TDIU claim is also being remanded.

The Board has determined that the Veteran's current cervical spine disability was not caused or aggravated by his service-connected right ankle disability, and therefore denied the claim for service connection.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development of evidence.

The Veteran's claim for service connection has been reopened and is being remanded for further development, including VA examinations to determine the nature and etiology of his claimed neck and back disorders as well as his acquired psychiatric disorder.

The Board has remanded the Veteran's claims for heart disability, pulmonary embolism residuals, erectile dysfunction, cervical spine disability, and upper extremity radiculopathy due to incomplete evaluations and lack of opinions on service connection.

The Veteran's chronic migraines began during service and have continued since, meeting the criteria for service connection.,The Veteran's deviated septum was incurred in service due to trauma from boxing training.

The Veteran's right ear hearing loss is granted as service-connected.,Service connection for the Veteran's right hip disability and left hip disability is denied.

The Board has remanded the claims for service connection due to a lack of VA examinations to determine the nature and etiology of the claimed disabilities. The appellant is not currently diagnosed with specific disabilities, but he reports current symptoms that may be related to his military service.

The Veteran's initial 20 percent rating for degenerative arthritis of the cervical spine with cervical spondylosis is granted, and his bilateral foot disability other than left foot fracture residuals, to include pes planus, hallux valgus, and left foot arthritis, remains at a 10 percent rating. Separate ratings are granted for left foot arthritis (10%) and left foot hallux valgus (noncompensable).

The Veteran's claims for cervical-spine disorder, bilateral-hand disorder, bilateral-shoulder disorder, lumbar-spine disorder, bilateral-leg disorder, CAD, shortness of breath, hypertension, and bilateral-foot disorder have been reopened due to the submission of new evidence. However, these claims are still denied as there is no direct or secondary service connection established.,The Veteran's claim for an acquired psychiatric disorder, to include PTSD, has also been reopened due to the submission of new evidence. However, this claim is still denied as there is no direct service connection established.

The Board has determined that the VA examinations conducted do not comply with the requirements set forth in the October 2018 remand. The matter is therefore being REMANDED for further development.

The Board denied increased ratings for various service-connected disabilities, including right knee disability, left knee disability, cervical spine disability prior to June 21, 2019, lumbar spine disability from June 21, 2019 onwards, and hemorrhoids. The appeal is based on the merits of these conditions without any presumption or secondary service connection.

The Board denied service connection for a cervical spine disability, urinary incontinence, bilateral lower extremity peripheral neuropathy and radiculopathy, depression, and residuals of traumatic brain injury (TBI).,Service connection was not granted as the Veteran's current disabilities are not related to his military service.